Opinion
May 7, 1941.
Present — Crosby, P.J., Cunningham, Taylor, Dowling and Harris, JJ.
Judgment affirmed, with costs. All concur, except Crosby, P.J., and Dowling, J., who dissent and vote for reversal on the law and facts on the ground that no negligence on the part of the State is shown and that the hole in the shoulder was not the proximate cause of the accident. (Judgment for claimant for property damage to automobile arising out of the negligent maintenance of the highway.)